NCS000549_Email to DEQ RE No Exposure and Rescission Request Synopsis_20200330

Georgoulias, Bethany
From: Loveland, Brad P <[e-mail]>
Sent: Monday, March 30, 2020 1:54 PM
To: Lucas, Annette
Cc: McIntire, Mark D; Winston, Cynthia C; Georgoulias, Bethany; Vinson, Toby; Wrenn,
Brian L; Moore, James; Khan, Zahid; Pearson, Tyler B; Randazzo, Chris
Subject: [External] Riverbend No Exposure and Letter of Rescission
• External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
ort.s am nc. ov
Annette,
I wanted to provide a brief synopsis of events so everyone is in the loop.
10/7/19 No exposure certification submitted to NCDEQ.
10/21/19 Letter of Rescission submitted to NCDEQ.
11/6/19 Building permit for covered structure over dumpsters submitted to Mt Holly. This was to meet No exposure
certification.
11/20/19 NCDEQ inspection from Matt Gigante. Stated in the inspection report that a covered structure is needed to
be completed over two exposed dumpsters. We explained that we worked on the pad and recently submitted a building
permit to city of Mt Holly.
1/28/20 Received building permit approval from Mt Holly.
2/13/20 Email sent to NCDEQ asking for an inspection for 3/17/20.
2/16/20 Received email from Annette Lucas stating she would review with DEMLR leadership and get back to me by the
end of the week.
3/9/20 Sent an email to James Moore with pictures attached of a recently constructed structure to cover
dumpsters. James called and stated that he would like to see walls to be installed on sides.
3/16/20 Followed up with James Moore with picture attached of the modified covered structure asking for a follow up
inspection.
3/16/20 Followed up with Annette from original email (2/16/20) since no response was received.
3/20/20 Followed up with James Moore and Annette w/ NCDEQ in regard to scheduling an inspection at Lark.
3/20/20 Received an email from James Moore stating he could do the inspection at Lark but Annette would need to
take care of rescission request.
3/20/20 Responded to NCDEQ that we would like to proceed with No exposure.
3/26/20 Sent an email to NCDEQ requesting an inspection since no response was received from 3/20/20 email.
3/26/20 Received an email and follow up phone call from James Moore that an inspection could not be made through
April and the earliest would be the first or second week of May.
I thought these dates and correspondences (attached) would be helpful since today is 3/30/20 and Riverbend's
Industrial Permit expires on 4/30/20. 1 understand that the COVID 19 concerns have made the No Exposure Certification
and Permit Rescission very difficult but please provide some guidance on proposed next steps.
Thank you,
Brad
Brad Loveland, CPESC, CEPSCI, CFM
Duke Energy I Permitting and Compliance, Carolinas
526 South Church Street I EC13K I Charlotte, NC 28202
Office: 980 373 2820
Cell: 704 609 5637

Agency Inspection Log - No Exposure Certification Inspection
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4 DUKE EHS Home EnvironmentalInspection Log dSafety
ENERGY Agency
Email
Print
Agency Contact Inspection Log
Inspection Information
Title: No Exposure Certification Inspection
Please give this log entry an identifiable name.
Department/Facility: Type of Inspection: State
Riverbend / Lark
EHS CCP
Date and Time 11/20/2019
Date and Time
11/20/2019
Inspection Started:
Inspection Ended:
11:00:00 ...
12:00:00 PM
Reason for Other
Subject of Inspection:
Storm Water
Inspection:
How much prior Some Notice
Time of Notification:
notice was given?
10/7/2019
12:00:00 AM
Duke Energy Contact Details
Duke Energy Contact Randazzo, Chris
Name:
Duke Energy Contact 704-999-7661
Phone Number:
Inspector Information
Name of Regulatory INC Department of Environmental
Quality (DEQ)
Agency/Division:
Inspector's Name:
Matt Gigante
Inspector's Phone [phone] Form oflD:
Number:
Inspection Details
Main Contact with
Inspector:
Was there any staff Chris Randazzo
escorting the
Inspector? If yes, list
names:
Staff Interviewed:
Areaslnspected: Lark stormwater areas
Topics Discussed: Covers over all industrial activities and stormwater DMRs.
Photographs Taken?: ❑ Samples Collected? ❑ Split Samples? ❑ Missing?
Attach a (one) photo here. If you have multiple pictures, save them to a ShareDrive.
Sample Details
Questions Asked
Risk, Governance and Change Management Peer Group
Records Requested/
Reviewed/ Provided:
Closing Comments: Although the inspector found everything in good condition he would not be able to grant approval for the no exposure exclusion due to the incompl
ete cover for the open top dumpsters. Lark is still waiting for a permit from Gaston County to build the structure that would cover all the open top d
umpsters. That cover structure would be the last item needed to receive approval of this application and he asked that we call him back once the co
ver is built.
Issues Indicated:
Items Requiring
Follow -Up Action:
https://team.duke-energy. com/sitesIEHSDeptlEnvILists/Agency%20Inspection%20Log/Ite... 3/3 0/2020

Agency Inspection Log - No Exposure Certification Inspection
Page 2 of 4
Recommendations
Made by Inspector:
Notes:
https://team.duke-energy. com/sitesIEHSDeptlEnvILists/Agency%20Inspection%2OLog/Ite... 3/3 0/2020

No Exposure & Rescission Request
V ENERGY.

• Division of Energy, Mineral and Land Resources
Land Quality Section
National Pollutant Discharge Elimination System
NO EXPOSURE CERTIFICATION for Exclusion
Energy, Mineral NCGNEOOOO
and Land Resources
ENVIRONMENTAL QUALITY
FOR AGENCY USE ONLY
Date Received
Year Month
Da
Certificate or Cove e
National Pollutant Discharge Elimination System application for exclusion from a Stormwater Permit based
on NO EXPOSURE:
Submission of this No Exposure Certification constitutes notification that your facility does not require a
permit for stormwater discharges associated with industrial activity in the State of North Carolina because
it qualifies for a no exposure exclusion. A condition of no exposure at an industrial facility means all
industrial materials and activities are protected by a storm resistant shelter (with some exceptions) to
prevent exposure to rain, snow, snowmelt, and/or runoff.
For permitted facilities in North Carolina, DEMLR must approve your application for No
Exposure Certification before this exclusion is effective. Until you are issued a No
Exposure Certification and your NPDES permit is rescinded, your facility must continue
to abide by the terms and conditions of the current permit.
Industrial materials or activities include, but are not limited to: material handling equipment or activities,
industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.
Material handling activities include the storage, loading and unloading, transportation, or conveyance of
any raw material, intermediate product, final product or waste product A storm resistant shelter is not
required for the following industrial materials and activities: drums, barrels, tanks, and similar containers
that are tightly sealed, provided those containers are not deteriorated and do not leak. "Sealed" means
banded or otherwise secured and with locked or non -operational taps or valves; adequately maintained
vehicles used in material handling; and final products, other than products that would be mobilized in
stormwater discharges (e.g., rock salt).
A No Exposure Certification must be provided for each facility qualifying for the no exposure exclusion. In
addition, the exclusion from NPDES permitting is available on a facility -wide basis only —not for individual
outfalls. if any industrial activities or materials are, or will be, exposed to precipitation, the facility is not
eligible for the no exposure exclusion. By signing and submitting this No Exposure Certification form, you
certify that a condition of no exposure exists at this facility or site and are obligated to comply with the
terms and conditions of 40 CFR 122.26(g).
If approved, your conditional No Exposure Exclusion has no expiration date
BUT MUST BE self re -certified at least annually.
Please look for information about re -certification under the No Exposure section on this page:
https://deq.nc.goviabo«t divisions/ene[ -mineral-land-resourcL-slenergy-mineral-land-permits/stormwater
permitslnpdes-industrial-sw
For questions, please contact the DEMLR Regional Office for your area. (See page 6)
(Please print or type)
1) Mailing address of ownerloperator (address to which all certification correspondence will be mailed):
Name
Contact
Street Address
City
Telephone No
Duke Energy — Lark Maintenance
Mr. Brent Clemmer
Mt. Holly
704-263-3303
Fax:
State NC ZIP Code 28120
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NCGNE0000 No Exposure Certification
2) Location of facility producing discharge:
Facility Name Lark Maintenance
Facility Contact Mr. Brent Clemmer
Street Address 115 Steam Plant Rd
City Mt. Holly State NC ZIP Code 28120
County Gaston
Telephone No. 704-263-3303 Fax:
3) Physical location information:
Please provide a narrative description of how to get to the facility (use street names, state road numbers, and
distance and direction from a roadway intersection). Hwy 16 North, Right on Horseshoe Bend Beach Rd.,
First Left at Main Entrance to Duke Energy, First Left after Security Gate #1
(A copy of a map with the facility clearly located on it should be included with the certification application.)
4) Is the facility located on Native American Lands? 0 Yes X No
5) Is this a Federal facility? ❑ Yes X No
6) Latitude 35021'34.64 N Longitude 80058'39.41 W (deg., min., seconds)
7) This NPDES No Exposure Exclusion application applies to which of the following:
❑ New or Proposed Facility
X Existing
Date operation is to begin
Date operation began
❑ Renewal of existing No Exposure Certification Certification No.: NCGNE
8) Was this facility or site ever covered under an NPDES Stormwater Permit? X Yes ❑ No
If yes, what is the NPDES Permit Number?—NCS000549
9) Standard Industrial Classification:
Provide the 4-digit Standard Industrial Classification Code (SIC Code) that describes the primary industrial
activity at this facility
SIC Code: 81131
10) Provide a brief description of the types of industrial activities and products produced at this facility:
Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and
maintenance
11) Does this facility have any Non -Discharge permits (ex: recycle permits)?
X No
cl Yes
If yes, list the permit numbers for all current Non -Discharge permits for this facility:
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NCGNE0000 No Exposure Certification
Exposure Checklists (12. - 14.)
12) Are any of the following materials or activities exposed to precipitation, now or in the foreseeable
future? (Please check either "Yes" or "No.") If you answer "Yes" to any of these items, you are not
eligible for the no exposure exclusion.
a. Using, storing, or cleaning industrial machinery or equipment. and areas where u Yes X No C NIA
residuals from using, storing or cleaning +ndustrial machinery or equipment
remain and are exposed to stormwater
b. Materials or residuals on the ground or in stormwater inlets from spills/leaks ❑ Yes X No ❑ NJA
c. Materials or products from past industrial activity ❑ Yes X No ❑ NIA
d. Material handling equipment (except adequately maintained vehicles) ❑ Yes X No ❑ NFA
e. Materials or products during loading. unloading or transporting activities ❑ Yes X No ❑ N/A
f. Materials or products stored outdoors r,except final products intended for outside ❑ Yes X No ❑ WA
use [e.g., new cars] where exposure to stormwater does not result in the
discharge of pollutants)
g. Materials contained in open, deteriorated or leaking storage drums, barrels =i Yes X No _; NrA
tanks, and similar containers
h. Materials or products handled±stored on roads or railways owned or maintained ❑ Yes F, No X NiA
by the discharger
i. Waste material (except waste in covered, non -leaking containers [e.g., r Yes X No ❑ NIA
dumpsters))
j. Application or disposal of process wastewater (unless otherwise permitted) ❑ Yes X No ❑ NIA
k. Particulate matter or visible deposits of residuals from roof stacks and/or vents Iri. Yes X No ❑ NIA
not otherwise regulated (i.e., under an air quality control permit) and evident in the
stormwater outflow
I. Empty containers that previously contained materials that are not properly stored ❑ Yes X No -1 N/A
(i.e., not closed and stored upside down to prevent precipitation accumulation)
m. For any exterior ASTs, as well as drums, barrels, tanks, and similar containers ❑ Yes X No n N/A
stored outside, has the facility had any releases in the past three (3) years?
13) Above Ground Storage Tanks (ASTs): If you answer "No" to any of the following items, you are not
eligible for the no exposure exclusion. Water Suppression AST on site but no chemical ASTs.
a. Are exterior ASTs or piping free of rust, damaged or weathered coating, pits, or Yes -1 No X NfA
deterioration, or evidence of leaks?
b. Is secondary containment provided for all exterior ASTs? If so, is it free of any : Yes ❑ No X NIA
cracks, holes, or evidence of leaks, and are drain valves maintained locked
shut?
14) Secondary Containment: If you answer "No" to any of the following items, you are not eligible for the
no exposure exclusion.
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NCGNE0000 No Exposure Certification
a. Is secondary containment provided for single above ground storage containers -1 Yes n No X NIA
(including drums, barrels. etc.) with a capacity of more than 660-gallons?
b. Is secondary containment provided for above ground storage containers stored L Yes ::i No X NIA
in close proximity to each other with a combined capacity of more than 1,320-
gallons?
c. Is secondary containment provided for Title III Section 313 Superfund n Yes F No X NIA
Amendments and Reauthorization Act (SARA) water priority chemicals*?
d. Is secondary containment provided for hazardous substances** designated in : -,Yes ❑ No X NIA
40 CFR §116?
e. Are release valves on all secondary containment structures locked? ❑ Yes J No X NIA
15) Hazardous Waste:
a. Is this facility a Hazardous Waste Treatment, Storage, or Disposal Facility? ❑ Yes X No 0 NIA
b. Is this facility a Small Quantity Generator (less than 1000 kg. of hazardous X Yes ❑ No ❑ NIA
waste generated per month) of hazardous waste?
c. Is this facility a Large Quantity Generator (1000 kg. or more of hazardous waste -'Yes X No ❑ NIA
generated per month) of hazardous waste?
If you answered yes to questions b. or c., please provide the following information:
Type(s) of waste: Waste Aerosols/Waste Flammable
Liquids
How is material stored: 35 gallon poly drum/5 gallon metal pail
Where is material stored: Under canopy adjacent to parking lot
How many disposal shipments per year: 2
Name of transport / disposal vendor: Veolia Technical
Solutions
Vendor address: 2176 Will Suitt Rd. Creedmoor, NC 27522
Footnotes to Questions 14) c. & d.
*Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for de minimis amounts of certain substances,
and/or other qualifiers, as described in the exemptions from reporting requirements of Title III SARA 313 in 40 CFR
§372.38.
**Note that amounts below the 660-gallon (single) and 1,320-gallon (combined) bulk storage minimums require
secondary containment. However, some exceptions may be made for amounts less than the Reportable
Quantities of the hazardous substances listed in 40 CFR §117.3.
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NCGNE0000 No Exposure Certification
16) Other information: If you answer "Yes" to any of the following items, you might not be eligible for the
no exposure exclusion. A more in-depth evaluation of the site circumstances may be required.
a. Does your facility store used, recycled. or otherwise reclaimed pallets outside? ❑ Yes X No ❑ NIA
b. Does your facility have coal piles on site?
c. Does your facility store other fuel sources outside in piles, such as wood chips,
sawdust. etc.?
d. Does your facility have air emissions associated with its industrial activity (e.g..
degreasing operations. plating, painting and metal finishing)? If so, describe the
industrial activity:
e. If you answered yes to d., are those emissions permitted by an Air Quality
Permit? Please specify:
f Please list any other environmental program permits (federal state, etc.) not
specified earlier in this application (such as Hazardous Waste Permits, etc.).
Permit.
Program:
Permit:
Program:
Permit
Program:
Permit:
Program:
Permit:
Program.
Permit:
Program -
Permit:
Program.
❑ Yes X No ❑ NIA
❑ Yes X No ❑ NIA
❑ Yes X No ❑ NIA
Yes X No _j NIA
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NCGNE0000 No Exposure Certification
17) Certification:
I certify under penalty of law that I have read and understand the eligibility requirements for claiming a condition of "no
exposure" and obtaining an exclusion from NPDES stormwater permitting.
I certify under penalty of law that there are no discharges of stormwater contaminated by exposure to industrial activities or
materials from the industrial facility or site identified in this document (except as allowed under 40 CFR 122.26(g)(2)).
I understand that I am obligated to maintain no exposure conditions and complete a Self Recertification form at least once
each year, and if requested, provide this certification to the operator of the local municipal separate storm sewer system
(MS4) into which the facility discharges (where applicable). I understand that I must allow the North Carokna Division of
Energy, Mineral, and Land Resources, or MS4 operator where the discharge is into the local MS4. to perform inspections
to confirm the condition of no exposure and to make such inspection reports publicly available upon request. I understand I
must keep a copy of annual re -certifications on file at the facility
In the event that the site no longer qualifies for a No Exposure Exclusion. I understand that I must obtain coverage under
an NPDES permit prior to any point source discharge of stormwater from the facility. Additionally I certify under penalty of
law that this document and all attachments were prepared under my direction or supervision in accordance with a system
designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my
inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the
information, the information submitted is to the best of my knowledge and belief true, accurate and complete. I am aware
that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for
knowing violations.
I certify that I am familiar with the information contained in this application and that to the best of my knowledge and belief
such information is true, complete, and accurate.
Printed Name of Person Signing: Brent Clemmer
Title: Manager, Lark Maintenance.
(Signature of Applicant)
D �7
(Date Signed)
Please note: This application for the No Exposure Exclusion is subject to approval by the NCDEQ
Regional Office prior to issuance. The Regional Office may inspect your facility for compliance
with no exposure conditions prior to that approval. The Regional Office may also inspect your
facility at any time in the future for compliance with the No Exposure Exclusion.
North Carolina General Statute 143-215.6 B(i) provides that:
Any person who knowingly makes any false statement, representation, or certification in any application record. report, plan, or other
document filed or required to be maintained under this Article ;:r a rule implementing this Artic a or who knowingly makes a false
statement of a material fact in a rulemaking proceeding or contested case under this Article: or who falsifies. tampers w th or know ngly
renders naccurate any recording or monitoring device or method required to be operated or maintained under this Article or rules of the
(Environmental Management] Commission implementing this Article shall be guilty of a Class 2 misdemeanor which may include a fine
not to exceed ten thousand dollars ($10,000).
There is currently no fee for a No Exposure Exclusion.
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NCGNEOOOO No Exposure Certification
Final Checklist
This application should include the following items:
This completed application and all supporting documentation
f = A map with the location of the facility clearly marked
If the site currently has an NPDES Stormwater Permit, be sure to indicate the permit number in Question 8.
Mail the entire package to:
Stormwater Permitting Program
Division of Energy, Mineral and Land Resources
1612 Mail Service Center
Raleigh, North Carolina 27699-1612
Note
The submission of this document does not guarantee the issuance of a No Exposure Exclusion.
For questions, please contact the DEMLR Regional Office for your area.
DEMLR Regional Office Contact Information:
Asheville Office ...... [phone]
Fayetteville Office
Mooresville Office
Raleigh Office ....
Washington Office
Wilmington Office
Winston-Salem ...
Central Office .....
[phone]
[phone]
[phone]
...[phone]
... [phone]
... [phone]
.... [phone]
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